Legal Opinion

Russell v. Travelers Indemnity Co.

District Court, W.D. Missouri

Decided August 4, 1965No. Nos. 1877, 1937PublishedCited by 1 opinion

1Opinion of the Court

JOHN W. OLIVER, District Judge.

Our memorandum opinion reported in Fine v. Travelers Indemnity Co., W.D. Mo.1964, 233 F.Supp. 672, was applicable to five of the consolidated Fort Leonard Wood Capehart cases (Nos. 1852, 1877, 1901, 1937, 1945 and 1954). We there decided the common issue of law relating to the tier of contractual relationship involved in all five cases.

Utilization of Rule 42(b) of the Rules of Civil Procedure permitted the segregation and determination of that separated issue. Further utilization of that rule now permits the final determination of two of the five cases in that…

2Cases cited14 opinions

  1. Fleisher Engineering & Construction Co. v. United States Ex Rel. HallenbeckSupreme Court of the United States · 1940
  2. Noland Company, Inc. v. Allied Contractors, Incorporated, and Maryland Casualty CompanyCourt of Appeals for the Fourth Circuit · 1959
  3. Continental Casualty Company, a Corporation v. The United States of America for the Use and Benefit of the Robertson Lumbercompany, a CorporationCourt of Appeals for the Eighth Circuit · 1962
  4. Continental Casualty Company, Inc. v. Allsop Lumber Company, Inc., Allsop Lumber Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
  5. United States Ex Rel. Fine v. Travelers Indemnity Co.District Court, W.D. Missouri · 1963

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3Cited by1 opinion

  1. Specialty Products & Insulation Co. v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 2003

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